In Re Nat'l Store Fixture Co., Debtor. United States of Am. v. Nat'l Store Fixture Co., Charles E. Rubin, Tr., 769 F.2d 1334 (8th Cir. 1985). · Go Syfert
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In Re Nat'l Store Fixture Co., Debtor. United States of Am. v. Nat'l Store Fixture Co., Charles E. Rubin, Tr., 769 F.2d 1334 (8th Cir. 1985). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …in view of the passage of the supereding rule and the fact that does not violate the new rule, the government conceded . . . that . . . the present appeal becomes moot. at p. 1335 ≈ altered
3 citation events across 2 distinct courts.
Strongest positive: Sierra Club, Inc. v. Granite Shore Power LLC (nhd, 2020-11-25)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Sierra Club, Inc. v. Granite Shore Power LLC
D.N.H. · 2020 · quote attribution · 1 verbatim quote · confidence high
in view of the passage of the supereding rule and the fact that does not violate the new rule, the government conceded . . . that . . . the present appeal becomes moot.
discussed Cited as authority (verbatim quote) Sierra Club, Inc. and Conservation Law Foundation, Inc. v. Granite Shore Power LLC; GSP Merrimack LLC; and Public Service Company of New Hampshire d/b/a Eversource Energy
D.N.H. · 2020 · quote attribution · 1 verbatim quote · confidence high
in view of the passage of the supereding rule and the fact that does not violate the new rule, the government conceded . . . that . . . the present appeal becomes moot.
discussed Cited "see, e.g." Sand Dollar Develop. v. Peter Michael, No. Spnh &8212 9610-48736 (Dec. 10, 1997)
Conn. Super. Ct. · 1997 · signal: see also · confidence low
As the Bonelli court explained, "[d]isqualification is not necessarily required even when his former law partner appears before a trial judge. . . ." Bonelli v. Bonelli, supra, 214 Conn. 20 , and cases cited therein; see also In re Martin-Trigona, 769 F.2d 1334 , 1343 (2d Cir. 1985); Huff v. Standard Life Ins.
Retrieving the full opinion text from the archive…
In Re NATIONAL STORE FIXTURE COMPANY, Debtor. UNITED STATES of America, Appellee,
v.
NATIONAL STORE FIXTURE COMPANY, Appellee, Charles E. Rubin, Trustee, Appellant
85-1066.
Court of Appeals for the Eighth Circuit.
Aug 14, 1985.
769 F.2d 1334
Robert A. Pummill, Kansas City, Mo., for appellant., Debra L. Kasper, Dept, of Justice, Washington, D.C., for appellee.
Lay, McMILLIAN, Woods.
Cited by 3 opinions  |  Published
LAY, Chief Judge.

The bankruptcy trustee, Charles E. Rubin, appeals from an order of the United States District Court for the Western District of Missouri upholding the constitutionality of Bankruptcy Rule 5002. [1] Rubin is a partner in the same law firm as the son of the Chief Judge of the Bankruptcy Court for the Western District of Missouri. Another bankruptcy judge appointed Rubin as trustee, but the United States contends this appointment nonetheless violates rule 5002.

A new, superceding, rule 5002 was transmitted to Congress by the Chief Justice of the United States on April 30, 1985. [2] Because ninety days passed without congressional action, the new rule 5002 became effective on July 30, 1985. 28 U.S.C. § 2075 (1982).

In view of the passage of the superced-ing rule and the fact that Rubin’s appointment does not violate the new rule, the government conceded at oral argument that, as of July 30,1985, the present appeal becomes moot. The appeal is therefore dismissed as moot. The case is remanded with directions to vacate the orders and opinions of the district court and the bankruptcy court.

1

. Rule 5002. Prohibited Appointments

No person may be appointed as a trustee or examiner or be employed as an attorney, accountant, appraiser, auctioneer, or other professional person pursuant to § 327 or § 1103 of the Code if (1) the person is a relative of any judge of the court making the appointment or approving the employment or (2) the person is or has been so connected with any judge of the court making the appointment or approving the employment as to render such appointment or employment improper. Whenever under this rule a person is ineligible for appointment or employment, the person’s firm, partnership, corporation, or any other form of business association or relationship, and all members, associates and professional employees thereof are also ineligible for appointment or employment. (Su-perceded on July 30, 1985).
2

. Rule 5002. Restrictions on Appointments

(a) Appointment of Relatives Prohibited. No individual may be appointed as a trustee or examiner or be employed as an attorney, accountant, appraiser, auctioneer, or other professional person pursuant to § 327 or § 1103 of the Code if the individual is a relative of the bankruptcy judge making the appointment or approving the employment. Whenever under this subdivision an individual is ineligible for appointment or employment, the individual’s firm, partnership, corporation, or any other form of business association or relationship, and all members, associates and professional employees thereof are also ineligible for appointment or employment.
(b) Judicial Determination that Appointment or Employment is Improper. A bankruptcy judge may not appoint a person as a trustee or examiner or approve the employment of a person as an attorney, accountant, appraiser, auctioneer, or other professional person pursuant to § 327 or § 1103 of the Code if that person is or has been so connected with such judge as to render the appointment or employment improper.